RUKMAVATHI SHEREGAR Vs. K. RADHA DEVENDRA SHEREGAR

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellants.

(2.) This appeal is filed by the defendant Nos.19 to 22, who are the legal representatives of Satyanarayana Sheregar, who is the son of Veerayya Sheregar challenging the judgment and decree dtd. 6/12/2022 passed in R.A.No.43/2017 on the file of the Senior Civil Judge, Kundapura, dismissing the appeal and confirming the judgment and decree dtd. 14/12/2015 passed in O.S.No.33/2009 on the file of the II Additional Civil Judge and JMFC, Kundapura. It is not in dispute that the property originally belongs to Veerayya Sheregar and he died intestate and not made any testamentary document in favour of either the son or his five daughters and suit is filed for the relief of partition by the first daughter for the relief of partition of 'A' schedule properties claiming 6 fair and equal shares and delivery of one such share to the plaintiff with her share of income from the said properties till delivery of her share and there is no dispute with regard to the relationship between the parties and the fact that Veerayya Sheregar was having five daughters and a son.

(3.) It is also not the case of the appellants that property not belongs to Veerayya Sheregar. But, the claim is that, in order to perform the marriage of the plaintiff, the property was mortgaged by the son, Satyanarayana Sheregar and the said Satyanarayana Sheregar could not repay the amount. Hence, the property was auctioned and the same was purchased by the father of the appellants. Therefore, prays the Court that while granting the relief of partition, those properties which have been purchased by the father of the appellants cannot be included in the partition.